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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5306 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5306

 To authorize the imposition of sanctions with respect to significant 
  actions that exacerbate climate change, to reinforce comprehensive 
    efforts to limit global average temperature rise, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2024

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To authorize the imposition of sanctions with respect to significant 
  actions that exacerbate climate change, to reinforce comprehensive 
    efforts to limit global average temperature rise, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Targeting Environmental and Climate 
Recklessness Act of 2024''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Climate change is imposing significant damage on 
        communities in the United States and abroad in the form of 
        severe weather events, wildfires, heat waves, droughts, 
        flooding, ocean acidification, and other threats to public 
        health and safety. Scientists expect these effects to grow in 
        frequency and intensity in the coming decades. Low-income 
        communities, communities of color, and women bear a 
        disproportionate impact of climate-related damages.
            (2) Collectively, the international community needs to 
        limit global warming to under 1.5 degrees Celsius above pre-
        industrial levels in order to avoid the most catastrophic 
        effects of climate change. Under the current trajectory, the 
        world will fail to meet this target and will experience warming 
        that exceeds 3 degrees Celsius by the end of the century. In 
        many regions of the world, warming of average temperatures has 
        already surpassed 1.5 degrees Celsius.
            (3) To limit global warming to under 1.5 degrees Celsius 
        above pre-industrial levels, the world needs to reach net-zero 
        global emissions by 2050, which will require making drastic 
        reforms to global economic systems to mitigate greenhouse gas 
        emissions, reduce deforestation, reduce dependency on coal, 
        oil, and gas, adapt to unavoidable changes in the climate, and 
        ensure a just transition.
            (4) The goals articulated in the Paris Agreement depend on 
        collective action involving the entire international community. 
        Progress made by one economic actor can be reduced or cancelled 
        out if another economic actor emits significant greenhouse gas 
        emissions into the Earth's atmosphere or destroys important 
        carbon sinks.
            (5) Coal is one of the most carbon-intensive fuel sources. 
        The International Energy Agency estimates that coal is 
        responsible for nearly \1/3\ of global warming. The United 
        Nations Secretary General has repeatedly urged countries to 
        stop financing coal and to pledge not to build new coal-fired 
        power plants. Globally, oil and gas operations account for 15 
        percent of total energy-related emissions. At the 28th United 
        Nations Climate Change Conference (commonly known as ``COP28'') 
        in 2023, the outcome of the first global stocktake under the 
        Paris Agreement called for a global effort to transition away 
        from fossil fuels in energy systems, in a just, orderly, and 
        equitable manner, accelerating action in this critical decade, 
        so as to achieve net-zero global emissions by 2050 in keeping 
        with the science.
            (6) Subcritical coal-fired power plants continue to be 
        developed, especially in Southeast Asia and as part of the Belt 
        and Road Initiative of the People's Republic of China, despite 
        broad awareness of the dangers and the growing availability of 
        economically superior alternatives. Additionally, coal mining 
        is frequently associated with a wide range of abuses that 
        impact the enjoyment of human rights, such as forced evictions 
        and land grabbing, water and air pollution, and violations of 
        the rights of Indigenous Peoples and workers.
            (7) Alternatives to carbon-intensive electrical power 
        generation are now available and technological advancements 
        continue to strengthen the economic competitiveness of such 
        alternatives.
            (8) Internationally, several economic actors continue to 
        pursue activities, such as development of new subcritical coal-
        fired power plants and deforestation that contribute to 
        dangerous levels of greenhouse gas emissions. In addition to 
        carrying a significant climate risk, many of these activities 
        are associated with serious human rights abuses, acts of 
        corruption, and environmental injustice against Indigenous 
        communities, communities of color, and other communities that 
        have historically faced marginalization and discrimination.
            (9) The United States Government has developed and 
        implements targeted measures to restrict access to the United 
        States financial system for specific individuals and entities 
        whose actions threaten or run counter to United States national 
        interests. While the United States has not yet used such 
        measures for climate-related activities alone, the United 
        States Government has deployed such measures in response to 
        terrorism, proliferation of weapons of mass destruction, 
        transnational organized crime, narcotics trafficking, malicious 
        cyber-enabled activity, wildlife trafficking, serious human 
        rights abuses, and acts of corruption.
            (10) President Biden has indicated that combating the 
        climate crisis is a top domestic and foreign policy priority 
        and has taken steps including the creation of a Special 
        Presidential Envoy for Climate, collaborating with other 
        countries to establish worldwide solutions and reduce the 
        impact of climate change, striving to achieve a net-zero 
        economy in the United States by 2050, producing a plan to end 
        international financing for fossil fuel projects, and 
        emphasizing the need of pursuing an entirely clean energy 
        economy.
            (11) President Biden has made it a priority to counter 
        environmental injustices in the United States and abroad, and 
        plans on implementing community-led approaches as well as 
        Federal protections and regulations that will support those 
        community members whose land and health have been negatively 
        impacted by climate change.
            (12) The climate crisis has led to a surge of civic 
        engagement, activism, and protests across the world. At the 
        same time, reprisals against environmental defenders are on the 
        rise. Front Line Defenders reported that of the 196 human 
        rights defenders, including environmental defenders, were 
        killed for their work in 2023. In 2024, Global Witness reported 
        more than 2,100 defenders have been killed since 2012. 
        Thousands of other environmental defenders are targeted each 
        year with reprisals in the form of enforced disappearances, 
        torture, sexual violence, criminalization, and smear campaigns.
            (13) Illegal deforestation is a significant driver of the 
        destruction of the Amazon rainforest. Criminal networks with 
        the capacity to coordinate large-scale extraction, processing, 
        and sale of timber deploy armed personnel to protect their 
        interests. Those criminal networks regularly attack and 
        threaten members of Indigenous communities, other environmental 
        defenders, and enforcement officials. Perpetrators of such 
        violence are rarely brought to justice.
            (14) Policies and measures to address climate change and 
        deforestation should also promote human rights, thereby 
        advancing equality, justice, and dignity for all, in line with 
        the Sustainable Development Goals and the Guiding Principles on 
        Business and Human Rights of the United Nations.

SEC. 3. SENSE OF CONGRESS ON A COMPREHENSIVE APPROACH TO ADDRESSING 
              CLIMATE CHANGE.

    It is the sense of Congress that--
            (1) the targeted measures described in this Act are only 
        one component of the comprehensive approach needed to address 
        climate change and mitigate its effects;
            (2) the United States Government must ensure through law 
        and regulation that entities in the United States are not 
        engaged in or complicit in any of the egregious behaviors for 
        which foreign persons may be targeted under this Act;
            (3) the United States Government should continue to make 
        progress toward scaling international climate finance to more 
        than $11,000,000,000 annually and promote international efforts 
        to support climate change adaptation and mitigation;
            (4) the United States Government must work proactively with 
        foreign governments, including by offering positive incentives, 
        to address climate change and to promote economic development 
        in ways that do not needlessly increase carbon emissions, 
        deforestation, or the risk of corruption;
            (5) the targeted measures described in this Act should be 
        employed if engagement has failed to prevent significant 
        actions that exacerbate climate change and deforestation; and
            (6) given broad international support for countering 
        climate change, the Secretary of State should encourage the 
        governments of other countries to implement targeted measures 
        that are similar to the provisions of this Act, and the 
        Secretary of the Treasury should support implementation of such 
        measures, in order to increase the effectiveness of actions 
        taken by the United States to combat significant actions that 
        exacerbate climate change, including related corruption and 
        human rights violations.

SEC. 4. STATEMENT OF POLICY ON APPLICATION OF GLOBAL MAGNITSKY 
              SANCTIONS TO ENVIRONMENT-LINKED CORRUPTION AND HUMAN 
              RIGHTS ABUSES.

    (a) In General.--It is the policy of the United States to consider 
use of applicable authorities described in Executive Order 13818 (50 
U.S.C. 1701 note; relating to blocking the property of persons involved 
in serious human rights abuse or corruption) in relation to activities 
described in section 5(b), including for acts of corruption and serious 
human rights abuses against individuals described in subsection (b).
    (b) Individuals Described.--An individual described in this 
subsection is an individual who--
            (1) advocates for the protection of the environment, public 
        health, Indigenous rights, or community land rights;
            (2) investigates, exposes, or raises awareness of harm or 
        corruption related to natural resource use; or
            (3) is obliged to leave the individual's habitual home due, 
        in whole or in part, to sudden or progressive change in the 
        environment--
                    (A) caused by human activities or attributable to 
                climate change; and
                    (B) that adversely affects the individual's life or 
                living conditions.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO SIGNIFICANT ACTIONS 
              THAT EXACERBATE CLIMATE CHANGE, DEFORESTATION, OR HARM TO 
              ENVIRONMENTAL DEFENDERS.

    (a) Sense of Congress.--It is the sense of Congress that the 
President should employ the authorities provided by this section to 
prioritize action against, and deterrence of, egregious behaviors 
that--
            (1) undermine efforts to limit the increase in global 
        average temperature to 1.5 degrees Celsius above pre-industrial 
        levels;
            (2) contribute to deforestation; or
            (3) present specific harm to environmental defenders.
    (b) In General.--The President may impose one or more of the 
sanctions described in subsection (c) with respect to any foreign 
person the President determines, based on credible information--
            (1) knowingly, recklessly, or willfully engages in an 
        activity in a foreign country that causes, or is likely to 
        cause, greenhouse gas emissions that are not in line with 
        scientifically established pathways to help avoid an increase 
        in the Earth's temperature of more than 1.5 degree Celsius 
        above pre-industrial levels, as determined by the Secretary of 
        State, including any action that significantly undermines, as a 
        result of timing, magnitude, or corruption, projects for the 
        adoption in the country of high-efficiency, low-carbon, or 
        renewable energy technology or infrastructure, including the 
        construction of low-efficiency fossil fuel power plants;
            (2) engages in an activity in a foreign country that 
        causes, or is likely to cause, illegal deforestation or loss of 
        natural carbon sinks, including--
                    (A) establishment of incentives for, or promotion 
                of, knowingly conducting deforestation; or
                    (B) engagement in, or failure to combat, illegal 
                logging, mining, or ranching;
            (3) knowingly engages in an activity in a foreign country 
        that misrepresents the environmental impact of a project, 
        investment, or product, including misrepresenting the amount of 
        greenhouse gas emissions associated with the project, 
        investment, or product, in the context of--
                    (A) assessments conducted by multilateral 
                organizations, national governments, or investors; or
                    (B) public efforts to gain market advantage based 
                on purported environmental advantages of a product;
            (4) engages in an activity in a foreign country that 
        causes, or is likely to cause, limitations on or circumvention 
        of opposition to deforestation or projects described in 
        paragraph (1) by individuals seeking to protect the 
        environment, public health, or community land rights, including 
        actions that encourage impunity for those perpetrating physical 
        threats or violence against such individuals;
            (5) is otherwise responsible for or complicit in an 
        activity described in any of paragraphs (1) through (4), 
        including a government official who approves or implements 
        policies or acts that serve to promote such an activity;
            (6) has acted or purported to act for or on behalf of, 
        directly or indirectly, any foreign person in a matter relating 
        to an activity described in any of paragraphs (1) through (4), 
        including for or on behalf of a government official described 
        in paragraph (5);
            (7) has materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services to or in support of, an activity described in any of 
        paragraphs (1) through (4); or
            (8) is owned or controlled by a foreign person that engages 
        an activity described in any of paragraphs (1) through (4) or 
        is described in paragraph (5).
    (c) Sanctions Described.--The sanctions that may be imposed with 
respect to a foreign person under subsection (b) are the following:
            (1) Inadmissibility to united states.--In the case of a 
        foreign person who is an individual--
                    (A) ineligibility to receive a visa to travel to 
                the United States or to be admitted to the United 
                States; or
                    (B) if the individual has been issued a visa or 
                other documentation, revocation, in accordance with 
                section 221(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1201(i)), of the visa or other documentation.
            (2) Blocking of property.--
                    (A) In general.--The blocking, in accordance with 
                the International Emergency Economic Powers Act (50 
                U.S.C. 1701 et seq.), of all transactions in all 
                property and interests in property of the foreign 
                person if such property and interests in property are 
                in the United States, come within the United States, or 
                are or come within the possession or control of a 
                United States person.
                    (B) Inapplicability of national emergency 
                requirement.--The requirements of section 202 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701) shall not apply for purposes of this paragraph.
            (3) Other sanctions options.--Any of the sanctions 
        described in section 235 of the Countering America's 
        Adversaries Through Sanctions Act (22 U.S.C. 9529).
    (d) Consideration of Certain Information in Imposing Sanctions.--In 
determining whether to impose sanctions under subsection (b), the 
President shall consider--
            (1) information provided jointly by the chairperson and 
        ranking member of each of the appropriate congressional 
        committees; and
            (2) credible information obtained by other countries and 
        nongovernmental organizations that monitor environmental harm 
        or violations of human rights.
    (e) Exceptions.--
            (1) Intelligence and law enforcement activities.--Sanctions 
        under this section shall not apply with respect to--
                    (A) any activity subject to the reporting 
                requirements under title V of the National Security Act 
                of 1947 (50 U.S.C. 3091 et seq.); or
                    (B) any authorized intelligence or law enforcement 
                activities of the United States.
            (2) Compliance with united nations headquarters 
        agreement.--This section shall not apply with respect to the 
        admission of an individual to the United States if the 
        admission of the individual is necessary to comply with United 
        States obligations under the Agreement between the United 
        Nations and the United States of America regarding the 
        Headquarters of the United Nations, signed at Lake Success June 
        26, 1947, and entered into force November 21, 1947, under the 
        Convention on Consular Relations, done at Vienna April 24, 
        1963, and entered into force March 19, 1967, or under other 
        international obligations of the United States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authority to block and 
                prohibit all transactions in all property and interests 
                in property under this section shall not include the 
                authority to impose sanctions on the importation of 
                goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or man-made 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (f) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Environment and Public Works 
                and the Committee on Foreign Relations of the Senate; 
                and
                    (B) the Committee on Energy and Commerce and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Carbon sink.--The term ``carbon sink'' means a feature 
        or process that absorbs more carbon from the atmosphere than it 
        releases.
            (3) Deforestation.--The term ``deforestation'' means the 
        conversion of forest to other land use, whether human-induced 
        or not, that results in--
                    (A) permanent reduction of the tree canopy to less 
                than a minimum 10 percent threshold; and
                    (B) the conversion of areas of forest to 
                agriculture, pasture, water reservoirs, mining, or 
                urban areas.
            (4) Knowingly.--The term ``knowingly'', with respect to 
        conduct, means--
                    (A) a person has actual knowledge of the facts; or
                    (B) a reasonable person acting in the circumstances 
                and exercising reasonable care would have that 
                knowledge.
            (5) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (6) Recklessly.--The term ``recklessly'', with respect to 
        conduct, means that a person displays a deliberate indifference 
        or conscious disregard to the consequences of the conduct.
            (7) Subcritical coal-fired power plant.--The term 
        ``subcritical coal-fired power plant'' means a coal-fired power 
        plant with carbon intensity equal to or greater than 880 
        kilograms of carbon dioxide per megawatt-hour.
            (8) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.
            (9) Willfully.--The term ``willfully'', with respect to 
        conduct, means a person has knowledge--
                    (A) of the facts; and
                    (B) that the conduct was subject to sanctions under 
                this section.

SEC. 6. ADDITIONAL RESOURCES FOR THE OFFICE OF FOREIGN ASSETS CONTROL.

    There are authorized to be appropriated to the Secretary of the 
Treasury such sums as may be necessary to support the targeting by the 
Office of Foreign Assets Control of persons under this Act and to 
enhance the ability of that Office to target persons for the imposition 
of sanctions under the Global Magnitsky Human Rights Accountability Act 
(22 U.S.C. 10101 et seq.).
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